Insights

EEOC Verdicts and Settlements — January 2013

Our update on EEOC verdicts and settlements for January 2013 is after the break. GA – Fox Den Apartments will pay $37,000 to settle a disability discrimination suit. The suit was brought on behalf of a former property manager who was terminated after suffering a heart attack. The company began to advertise for her position’s replacement […]

Our update on EEOC verdicts and settlements for January 2013 is after the break.

GA – Fox Den Apartments will pay $37,000 to settle a disability discrimination suit. The suit was brought on behalf of a former property manager who was terminated after suffering a heart attack. The company began to advertise for her position’s replacement the same day she was admitted to the hospital.

GA – Dayton Superior Corporation, a concrete and masonry provider, will pay $50,000 to settle a disability discrimination lawsuit. The company fired a lab technician for taking medication that was doctor-prescribed to treat her bipolar disorder. The employee suffered a reaction to the medication while at work, and Dayton required her to submit a drug test. She was terminated upon the company receiving her test results.

MI – J.A. Thomas & Associates has agreed to pay $350,000 to settle a disability discrimination suit. The health care consulting firm refused to rehire a bilateral amputee after it decided to make the position remote.

AZ – Emmert International, a transportation company, will pay $180,000 to settle a race harassment and retaliation lawsuit. The suit alleged that the company allowed a work environment of racial abuse where co-workers regularly made inappropriate jokes and comments toward two employees. Emmert retaliated against the one employee who made a complaint.

NM – ABC Cake Shop & Bakery will pay $220,000 to settle a sexual harassment suit. The suit, brought on behalf of a class of female employees, alleged that the owner harassed numerous female workers, including teens. The alleged conduct included unwanted sexual comments, innuendos, and touching. Some of the women were compelled to quit because of the conditions.

NY – Carrols Corporation, the world’s largest Burger King franchisee, will pay $2.5 million to settle a sexual harassment and retaliation lawsuit. 89 women brought forth the suit, many of whom were teenagers at the time of the sexual harassment. The harassment included obscene comments, jokes, and propositions by the managers. Some managers also exposed genitalia, conducted strip searches, and stalked the women. Employees who complained were retaliated against by having their hours cut, being fired, or being forced to quit because of the conditions.

WI – New Pine Ridge Restaurant will pay $41,000 to settle a sexual harassment and retaliation suit. The suit alleged that waitresses were abused with crude comments and unwanted touching by the restaurant’s cooks. Some waitresses were fired for complaining.

TX – A Burger King franchisee will settle a discrimination suit for $25,000. The suit alleged that a former employee was fired after seeking to wear a skirt to work. The woman alleged that her faith, Christian Pentecostal, intended for women to wear skirts or dresses. She revealed her request during her interview and was hired by the shift manager. Her religious request was later denied by store management.

AZ – The Gannett Companies will settle a disability lawsuit for $50,000. The suit charged that the companies fired an employee because she suffered from bipolar disorder. When the employee returned from a leave of absence, the companies unlawfully discharged her. Before her medical absence, the employee had been an exceptional worker and was being considered for a promotion.

AL – America’s Thrift Stores will pay $50,000 to settle a disability discrimination suit. The company refused to accommodate an employee with a degenerative joint condition, and then fired her. The woman had worked for the store for three years before her need for accommodation. She asked to be relieved of duties which would require lifting and reaching. Her request was denied, and when she presented her employer with documentation of her disability, it fired her.

TN – Capp Management Inc. will pay $85,000 to settle a retaliation lawsuit. The suit alleged that the operator of an automobile dealership fired two saleswomen because they complained about sexual harassment by their sales manager. The women were fired on the pretext of poor sales figures.

HI – Kintetsu International Express, Inc. will pay $77,500 to settle a disability harassment and retaliation suit brought on behalf of a former employee. The suit alleged that the tour coordinator, who suffered from arthritis, was constantly degraded by her supervisor. The ex-employee and her co-worker were forced out for reporting the harassment.

DE – D.O.E. Technologies, Inc. and doeLegal, LLC will pay $130,000 to settle a disability discrimination lawsuit. The suit alleged that a hard-of-hearing employee was fired for requesting accommodations. The employee repeatedly asked the company to allow him to telecommute or work in a quiet area because his hearing impairment made it difficult to make sales calls in the noisy office. While initially allowing the man to work from home, the company later rescinded the arrangement and failed to provide a reasonable alternate situation.

IL – BASF Corporation will pay $500,000 to settle a retaliation lawsuit against Cognis Corporation. The suit alleged that Cognis retaliated against an employee who had previously signed a “last-chance” agreement that prohibited the employee from filing any future charges or seeking relief for future discriminatory conduct. After refusing to sign the agreement, the employee was terminated by Cognis. BASF acquired Cognis in 2010 and will not defend against the Complainant’s allegations.

Related

Insights from

Welter Law Firm, P.C.

Welter Insights is a comprehensive national employment law and litigation blog covering recent court decisions, new legislation, active cases and emerging issues at the local, state and federal levels. The articles, written by Welter attorneys, provide actionable insights into the rapidly evolving world of employment and workplace law.

Author

Welter Law Firm, P.C. is an award-winning law firm providing comprehensive counsel and complex advocacy on employment law and employment litigation matters nationwide from offices in Washington, D.C. (Northern Virginia) and Austin, TX.

The information provided on this website is for general educational purposes only and does not constitute legal advice. Individuals depicted in images on this website include both attorney and non-attorney employees of Welter Law Firm, P.C., including paralegals, finance and administrative personnel. To see a photo directory of the firm’s attorneys, please visit www.welterlaw.com/people. All or portions of this website may constitute attorney advertising in some jurisdictions and should be viewed as such where applicable.